The proposed National Human Rights Commission (NHRC) Act, 2026, if passed in its current form, would establish a government-controlled entity rather than an independent commission, Transparency International Bangladesh (TIB) warned on Wednesday.
The anti-corruption organisation submitted a set of 19 recommendations to the government on 8 June, expressing deep concern that the draft law, prepared by the government on 17 May, deviates significantly from the 2025 Ordinance and undermines the long-standing public demand for a truly independent and effective human rights body free from government influence.
TIB said the draft law also violates the Paris Principles and other international standards. The organisation has urged the government to consider recommendations from stakeholders and ensure meaningful participation while finalising the legislation.
TIB noted that the 2025 draft stipulated that “the Commission shall be an independent institution and shall not fall under any ministry or division of the government” — in line with the Paris Principles.
However, the phrase “shall not fall under any ministry or division of the government” has been removed from Section 3(2) of the new draft, TIB said with concern. This omission could enable the executive branch to bring the commission under its control and hinder its ability to function independently, the organisation warned.
Section 7 of the draft law includes the Speaker, two ministers, a ruling party member of parliament, and the Cabinet Secretary as members of the selection committee responsible for appointing commissioners.
This composition creates a risk of executive dominance and political influence in the appointment process, undermining impartiality and giving rise to conflicts of interest, TIB said, calling for the provisions to be revised.
TIB strongly urged the inclusion of three provisions in Section 13 of the draft law concerning the commission’s functions:
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Conducting regular inspections, visits, and investigations of all possible detention facilities of law enforcement agencies, intelligence bodies, and the armed forces where individuals may face enforced disappearance or torture.
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Making necessary recommendations to the government for improving conditions in such facilities.
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Recommending the closure of any facilities operating outside the law and initiating appropriate action against those responsible.
Regarding the arrest of public officials or disciplined force members accused of human rights violations, TIB suggested that Section 16 require prior approval from a court, tribunal, or the commission itself — not from the government or appointing authority.
TIB observed that Section 20 effectively replicates the corresponding provision of the 2009 Act, restricting the commission’s authority to independently investigate allegations of human rights violations by members of disciplined forces and take action.
TIB noted that this weakness has been a key reason why the commission has never obtained “A Status” accreditation from the Global Alliance of National Human Rights Institutions (GANHRI), and called for Section 20 to be repealed.
The draft law does not require the inclusion of ethnic minorities, marginalised groups, or women in the commission’s composition. TIB recommended that Section 5(3) include a clear provision requiring at least one member from an ethnic minority or marginalised community and at least two women commissioners to ensure gender parity.
TIB noted that sub-section 6(3)(C) would allow a serving government official to take leave and be appointed as a commissioner — a provision that creates potential conflict of interest and could undermine impartiality. TIB has called for its repeal.
Additionally, TIB suggested that commissioners must show political neutrality, commitment to human rights, integrity, and ethical conduct throughout their professional careers.
TIB recommended reducing the maximum proportion of commission staff appointed on deputation from public service positions from 30 percent to 10 percent, with all appointments made through an open, transparent, and merit-based process.
On budget, the draft law makes the commission’s funding entirely dependent on government allocations. TIB recommended amending Section 36(1) to ensure financial independence, with the government providing annual funding based on the commission’s proposed budget — without requiring prior approval for expenditures within approved categories.
TIB remarked that if the National Human Rights Commission does not work independently and effectively, the consequences could be severe, affecting the ruling party, all political parties in parliament, and ordinary citizens — who have already suffered from such institutional failures in the past.
The organisation called for the draft law to be revised and finalised through an inclusive process involving all stakeholders, considering the recommendations submitted by TIB and others.
